Tag: Peter Häberle
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Stefan Theil: Constitutions as culture: Two insights from Peter Häberle’s “The rationale of constitutions from a cultural science viewpoint”
Constitutions are the cultural achievement of centuries of historical legal development, an expression of the cultural self-presentation of a people. For all their variety, constitutions seek to set the rules for a fundamental order in an objective, rational and principled manner. The general structure of the state, the inclusion and contours given to basic legal…
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Stefan Theil: Three insights from Peter Häberle’s “Preambles in the text and context of constitutions”
Preambles are a hallmark of constitutions, and questions regarding their inclusion and content are an important part of the drafting process: a clear majority of the 194 constitutions analysed by the Constitute Project opted in favour of more or less expansive preambles. In this country, an early draft of a Constitution for the UK by…